Arrington v. State of Nevada et al

Filing 25

ORDER Denying any motion for Entry of Clerks Default contained in the documents filed by Plaintiff on April 29, 2013 (ECF No. 9 ) and on May 1, 2013 (ECF Nos. 16 , 17 ) without prejudice. Signed by Judge Gloria M. Navarro on 05/15/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RODERICK DEVON ARRINGTON, SR., as
Special Administrator of the Estate of Roderick
Devon Arrington, Jr., deceased,

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Plaintiff,
vs.
STATE OF NEVADA, et al.,
Defendants.

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Case No.: 2:13-cv-00622-GMN-NJK
ORDER

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On April 29, 2013, Plaintiff filed a document styled as “Default” for two of the

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Defendants – Dina Jamise Beverly-Palmer and Markiece Palmer – with a blank signature line

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for the Clerk of the Court. (ECF No. 9.)

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The next day, the Clerk’s Office entered a Notice on April 30, 2013, notifying Plaintiff

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that the document was “not filed in accordance with FRCP 55” and that Plaintiff’s counsel was

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“advised to re-file documents as outlined in FRCP 55, to include Motion/Request pleading and

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Affidavit/Declaration of Service and Courts Default form using ‘NOTICE of Corrected

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Image/Document’ event under the ‘Notices’ category as a separate event, and link to document

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16 and 17.” (ECF No. 11.)

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Plaintiff did not re-file the documents as described in the Notice, and instead re-filed the
exact document, but separated as two documents – one for each Defendant. (ECF Nos. 16-17.)
The Court construes the documents filed by Plaintiff at ECF Nos. 9, 16, and 17, as

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submission of proposed orders for an entry of Clerk’s default pursuant to Rule 55(a) of the

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Federal Rules of Civil Procedure. Rule 55(a) requires that an entry of default by the clerk be

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supported “by affidavit or otherwise.” Fed. R. Civ. P. 55(a). Furthermore, a request for a court

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order must be made by motion. Fed. R. Civ. P. 7(b)(1). Here, Plaintiff has twice failed to

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support what appears to be a request for Clerk’s entry of default with an affidavit, a motion, or

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other supporting documents.

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Accordingly, to the extent that any motion for Entry of Clerk’s Default is contained in

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the documents filed by Plaintiff on April 29, 2013 (ECF No. 9) and on May 1, 2013 (ECF Nos.

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16, 17), the Court will deny the motions for failure to provide a sufficient showing pursuant to

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Rule 55(a).

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IT IS HEREBY ORDERED that any motion for Entry of Clerk’s Default contained in

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the documents filed by Plaintiff on April 29, 2013 (ECF No. 9) and on May 1, 2013 (ECF Nos.

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16, 17) is DENIED without prejudice.
DATED this 15th day of May, 2013.

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________________________________
Gloria M. Navarro
United States District Judge

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